Lebus v. Kennon

Opinion op the Court by

Judge McCandless

Reversing.

Clarence Lebus brought suit in equity to enjoin Robert Kennon from closing a passway running over the latter’s land. On final trial the court refused the relief sought and dismissed the petition. Lebus appeals.

As is usual in such cases there is some conflict in the testimony, but we think the evidence as a whole establishes the following facts:

The passway in controversy leaves the Falmouth and Brooksville turnpike at the North Fork creek a short distance from Milford and runs in a southerly direction over the lands of John Brough, a distance of…